Berkeley Municipal Code Ch. 12.08 Beverages in Reusable Containers

*For sidewalk vending, see Ch. 9.48 of this code.

The validity of Chapter 12.08 was upheld in Park and Shop Markets, Inc. v. City of Berkeley (1981) 116 Cal. App. 3d 78. One section of Ord. 4830-NS was not upheld. This section is not codified.

For the purposes of this chapter, the following terms shall be defined as follows:

A. "Business vendor" means any person, firm, individual, corporation, partnership, association, joint venture, vendor, or any combination thereof, selling or offering for sale soft drink or malt beverages.

B. "City" means all that territory within the corporate limits of the City of Berkeley;

C. "City Manager" means the City Manager or said manager’s designated representative.

D. "Container" means any airtight sealed device made of glass, metal, plastic or other materials which directly holds or contains soft drink or malt beverages.

E. "Distributor" means any person, firm, business or corporation engaged in the distribution and supply of soft drink or malt beverages to vendors in the City.

F. "Malt beverage" means beer, ale, or similar beverages with a malt base.

G. "Nonrefillable container" means any container used for the sale of soft drink or malt beverages other than a "refillable container" as defined in subsection H of this section.

H. "Refillable container" means any container used for the sale of soft drink or malt beverages and which container can be washed, sterilized and refilled for resale of such beverages, and for which the vendor receives at least two cents for each such container from the vendor’s distributor.

I. "Sale" means a commercial transaction by any person, firm, individual, corporation, partnership or vendor, in which transaction beverages are sold directly to the public for a monetary consideration for the purpose of off-premises consumption. "Sale" shall not include a transaction for the purpose of reselling.

J. "Soft drink beverage" means mineral water, soda water, or other carbonated fruit flavored beverages, or any artificial mineral waters in liquid form commonly known as soft drinks intended for human consumption. "Soft drink beverage" shall not include dairy products or fruit juices.

K. "Vending machine" shall mean any mechanical device which, upon insertion of coins, sells or dispenses soft drink beverages in containers. All vending machine sales will be considered to be for the purpose of off-premises consumption. (Ord. 4909-NS § 1 (part), 1976; Ord. 4830-NS § 1, 1976)

A. Every soft drink and malt beverage container sold or offered for sale in the City shall have a refund value of not less than five cents except that those refillable containers for which the vendor receives at least two cents per container from the vendor’s distributor may have a refund value of less than two cents.

B. The refund value herein required shall be paid by the consumer at the time of purchase and shall be refunded by the vendor upon tender of such container to the vendor.

C. A vendor shall have the option of marking those nonrefillable containers sold by said vendor, or of issuing a coupon, voucher or chit with each nonrefillable container sold, or accepting any nonrefillable container and making the appropriate refund thereon.

1. If a vendor marks nonrefillable containers as provided above, said vendor may refuse to accept or refund any amount on non-refillable containers not so marked.

2. If a vendor issues a coupon, voucher or chit as provided above with each nonrefillable container sold, they may refuse to accept or refund any amount on nonrefillable containers not accompanied by said coupon, voucher or chit.

D. A vendor shall not refuse to accept from a consumer any empty refillable container of any kind, size and brand sold by the vendor or refuse to pay the consumer the refund value thereon of a refillable container. (Ord. 4921-NS § 1, 1976; Ord. 4909-NS § 1 (part), 1976; Ord. 4830-NS § 2, 1976)

A. Every soft drink beverage container sold or dispensed from vending machines in the City shall have a refund value of not less than five cents; provided, however, that this section shall become effective thirty-six months after the date upon which the ordinance codified in this chapter otherwise becomes effective.

B. The provisions of Section 12.08.020B, C and D shall apply to vending machines upon the date cited below. (Ord. 4919-NS § 1, 1976; Ord. 4909-NS § 1 (part), 1976; Ord. 4830-NS §§ 3, 6, 1976)

The City Manager or the manager’s designated representative is authorized to enter the business premises of any business vendor engaged in the sale of soft drink or malt beverages in the City and which business vendor is licensed by the City to conduct a business, for the sole purpose of inspecting said premises and determining whether the business vendor is in compliance with this chapter. (Ord. 4830-NS § 4, 1976)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of this code. (Ord. 5591-NS § 1 (part), 1984; Ord. 4831-NS § 1, 1976; Ord. 4830-NS § 5, 1976)

The implementation of this chapter shall be delayed until the statewide initiative on refundable deposits on beverage containers entitled "Beverage Container Re-Use and Recycling" has been voted on by the electorate of the state of California. (Ord. 5405-NS § 1, 1982; Ord. 4830-NS § 7, 1976)